Text of AR SB 486 (2025)
Concerning Safety And Privacy In Certain Entities; And Concerning The Designation Of Multi-occupancy Restrooms, Changing Rooms, And Sleeping Quarters In Certain Entities Based On An Individual's Sex.
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As introduced
25,638 characters
Stricken language would be deleted from and underlined language would be added to present law.
*LGL049*
03/17/2025 4:22:27 PM LGL049
State of Arkansas
1
95th General Assembly
A Bill
2
Regular Session, 2025
SENATE BILL 486
3
4
By: Senator B. Johnson
5
By: Representative Bentley
6
7
For An Act To Be Entitled
8
AN ACT CONCERNING SAFETY AND PRIVACY IN CERTAIN
9
ENTITIES; CONCERNING THE DESIGNATION OF MULTI-
10
OCCUPANCY RESTROOMS, CHANGING ROOMS, AND SLEEPING
11
QUARTERS IN CERTAIN ENTITIES BASED ON AN INDIVIDUAL'S
12
SEX; AND FOR OTHER PURPOSES.
13
14
15
Subtitle
16
CONCERNING SAFETY AND PRIVACY IN CERTAIN
17
ENTITIES; AND CONCERNING THE DESIGNATION
18
OF MULTI-OCCUPANCY RESTROOMS, CHANGING
19
ROOMS, AND SLEEPING QUARTERS IN CERTAIN
20
ENTITIES BASED ON AN INDIVIDUAL'S SEX.
21
22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24
SECTION 1. DO NOT CODIFY. Legislative intent.
25
It is the intent of the General Assembly to:
26
(1) Clarify and reconcile the meaning of sex, male, and female
27
in state law; and
28
(2) Preserve order and dignity in women's restrooms, changing
29
rooms, and sleeping quarters in facilities where women have traditionally
30
been afforded privacy and safety.
31
32
SECTION 2. Arkansas Code Title 9, Chapter 6, is amended to add an
33
additional section to read as follows:
34
9-6-113. Safety and Privacy in Shelters — Designation of certain rooms
35
based on sex — Definitions.
36
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(a) As used in this section:
1
(1) "Changing room" means the same as defined under § 22-3-2201;
2
(2) "Female" means the same as defined under § 22-3-2201;
3
(3) "Male" means the same as defined under § 22-3-2201;
4
(4) "Multi-occupancy" means the same as defined under § 22-3-
5
2201;
6
(5) "Restroom" means the same as defined under § 22-3-2201;
7
(6) "Sex" means the same as defined under § 22-3-2201; and
8
(7) "Sleeping quarter" means the same as defined under § 22-3-
9
2201.
10
(b) A shelter shall designate each multi-occupancy restroom, changing
11
room, and sleeping quarter for the exclusive use of females or males.
12
(c)(1) Every restroom, changing room, or sleeping quarter in a shelter
13
that is designated for the exclusive use of females or males shall only be
14
used by a member of the designated sex.
15
(2) A person shall not enter a restroom or changing room that is
16
designated for the exclusive use of females or males unless he or she is a
17
member of the designated sex.
18
(3) A shelter shall not require a person to share a sleeping
19
quarter with a member of the opposite sex.
20
(d) A shelter shall take reasonable steps to provide an individual
21
with privacy in a designated restroom, changing room, and sleeping quarter
22
from use by a member of the opposite sex.
23
(e) This section shall not apply to a person who enters a restroom,
24
changing room, or sleeping quarter designated for the opposite sex to:
25
(1) Perform custodial services or maintenance;
26
(2) Render medical assistance;
27
(3) Perform duties arising under the course and scope of
28
employment as a law enforcement officer, employee, or contractor;
29
(4) Seek protection in a designated shelter area during a threat
30
of an emergency or a natural disaster; or
31
(5) Provide aid during a threat of a natural disaster or a
32
serious threat to good order or safety.
33
(f) This section shall not be construed to prohibit a shelter from:
34
(1) Adopting policies necessary to accommodate:
35
(A) Persons protected under the Americans with
36
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Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January
1
1, 2025;
2
(B) Young children in need of assistance; or
3
(C) Elderly persons requiring aid;
4
(2) Establishing a single-occupancy restroom, changing room, or
5
sleeping quarter, or a family restroom, changing room, or sleeping quarter;
6
or
7
(3) Redesignating a multi-occupancy restroom, changing room, or
8
sleeping quarter designated for exclusive use by one (1) sex to a designation
9
for exclusive use by the opposite sex.
10
(g) A person in a restroom or changing room designated for use by his
11
or her sex who encounters a person of the opposite sex has a private cause of
12
action for damages and declaratory and injunctive relief against the shelter
13
in which the restroom or changing room is located if the shelter:
14
(1) Provided the person of the opposite sex permission to use a
15
restroom or changing room of the opposite sex; or
16
(2) Failed to take reasonable steps to prohibit the person of
17
the opposite sex from using the restroom or changing room of the opposite
18
sex.
19
(h) A person required by the shelter to share a sleeping quarter
20
designated for use by his or her sex with a person of the opposite sex has a
21
private cause of action for damages and declaratory and injunctive relief
22
against the shelter.
23
(i)(1) A civil action brought pursuant to subsection (g) or subsection
24
(h) of this section shall be commenced within two (2) years of the date of
25
the cause of action.
26
(2) A person who prevails in an action brought under subsection
27
(g) or subsection (h) of this section may recover reasonable attorney fees
28
and costs from the offending shelter.
29
30
SECTION 3. Arkansas Code Title 12, Chapter 28, Subchapter 1, is
31
amended to add an additional section to read as follows:
32
12-28-110. Safety and Privacy in State Correctional Facilities —
33
Designation of certain rooms based on sex — Definitions.
34
(a) As used in this section:
35
(1) "Changing room" means the same as defined under § 22-3-2201;
36
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(2)(A) "Correctional facility" means a state correctional
1
facility that has the power to detain or restrain a person under the laws of
2
the state, including without limitation facilities operated by the Division
3
of Correction or the Division of Community Correction.
4
(B) "Correctional facility" does not include a temporary
5
municipal holding facility;
6
(3) "Facility" means a correctional facility or a juvenile
7
detention facility;
8
(4) "Female" means the same as defined under § 22-3-2201;
9
(5) "Juvenile detention facility" means any facility for the
10
temporary care of juveniles alleged to be delinquent or adjudicated
11
delinquent and awaiting disposition who require secure custody in a
12
physically restraining facility designed and operated with all entrances and
13
exits under the exclusive control of the facility's staff so that the
14
juvenile may not leave the facility unsupervised or without permission under
15
§ 12-41-803;
16
(6) "Male" means the same as defined under § 22-3-2201;
17
(7) "Multi-occupancy" means the same as defined under § 22-3-
18
2201;
19
(8) "Restroom" means the same as defined under § 22-3-2201;
20
(9) "Sex" means the same as defined under § 22-3-2201; and
21
(10) "Sleeping quarter" means the same as defined under § 22-3-
22
2201.
23
(b) A facility shall designate each multi-occupancy restroom, changing
24
room, and sleeping quarter for the exclusive use of females or males.
25
(c)(1) Every restroom, changing room, or sleeping quarter in a
26
facility that is designated for the exclusive use of females or males shall
27
only be used by a member of the designated sex.
28
(2) A person shall not enter a restroom or changing room that is
29
designated for the exclusive use of females or males unless he or she is a
30
member of the designated sex.
31
(3) A facility shall not require a person to share a sleeping
32
quarter with a member of the opposite sex.
33
(d) A facility shall take reasonable steps to provide an individual
34
with privacy in a designated restroom, changing room, and sleeping quarter
35
from use by a member of the opposite sex.
36
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(e) This section shall not apply to a person who enters a restroom,
1
changing room, or sleeping quarter designated for the opposite sex to:
2
(1) Perform custodial services or maintenance;
3
(2) Render medical assistance;
4
(3) Perform duties arising under the course and scope of
5
employment as a law enforcement officer, employee, or contractor;
6
(4) Seek protection in a designated shelter area during a threat
7
of an emergency or a natural disaster;
8
(5) Provide aid during a threat of a natural disaster or a
9
serious threat to good order or safety; or
10
(6) Address, supervise, or treat athletes that the individual is
11
overseeing as a coach or an athletics personnel member during a reasonable
12
time before an athletic event, during an athletic event, or immediately
13
following an athletic event if:
14
(A) The coach or the athletics personnel member verifies
15
that no person is in a state of undress at any time while the coach or the
16
athletics personnel member is present; and
17
(B) An adult other than the coach or the athletics
18
personnel member is also present.
19
(f) This section shall not be construed to prohibit a facility from:
20
(1) Adopting policies necessary to accommodate:
21
(A) Persons protected under the Americans with
22
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January
23
1, 2025;
24
(B) Young children in need of assistance; or
25
(C) Elderly persons requiring aid;
26
(2) Establishing a single-occupancy restroom, changing room, or
27
sleeping quarter, or a family restroom, changing room, or sleeping quarter;
28
or
29
(3) Redesignating a multi-occupancy restroom, changing room, or
30
sleeping quarter designated for exclusive use by one (1) sex to a designation
31
for exclusive use by the opposite sex.
32
(g) A person in a restroom or changing room designated for use by his
33
or her sex who encounters a person of the opposite sex has a private cause of
34
action for damages and declaratory and injunctive relief against the facility
35
in which the restroom or changing room is located if the facility:
36
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6
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(1) Provided the person of the opposite sex permission to use a
1
restroom or changing room of the opposite sex; or
2
(2) Failed to take reasonable steps to prohibit the person of
3
the opposite sex from using the restroom or changing room of the opposite
4
sex.
5
(h) A person required by the facility to share a sleeping quarter
6
designated for use by his or her sex with a person of the opposite sex has a
7
private cause of action for damages and declaratory and injunctive relief
8
against the facility.
9
(i)(1) A civil action brought pursuant to subsection (g) or subsection
10
(h) of this section shall be commenced within two (2) years of the date of
11
the cause of action.
12
(2) A person who prevails in an action brought under subsection
13
(g) or subsection (h) of this section may recover reasonable attorney fees
14
and costs from the offending facility.
15
16
SECTION 4. Arkansas Code Title 12, Chapter 41, Subchapter 1, is
17
amended to add an additional section to read as follows:
18
12-41-111. Safety and Privacy in Local Correctional Facilities —
19
Designation of certain rooms based on sex — Definitions.
20
(a) As used in this section:
21
(1) "Changing room" means the same as defined under § 22-3-2201;
22
(2)(A) "Correctional facility" means a local correctional
23
facility that has the power to detain or restrain a person under the laws of
24
the state, including without limitation facilities operated by the Division
25
of Correction or the Division of Community Correction.
26
(B) "Correctional facility" does not include a temporary
27
municipal holding facility;
28
(3) "Facility" means a correctional facility or a juvenile
29
detention facility;
30
(4) "Female" means the same as defined under § 22-3-2201;
31
(5) "Juvenile detention facility" means any facility for the
32
temporary care of juveniles alleged to be delinquent or adjudicated
33
delinquent and awaiting disposition who require secure custody in a
34
physically restraining facility designed and operated with all entrances and
35
exits under the exclusive control of the facility's staff so that the
36
SB486
7
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juvenile may not leave the facility unsupervised or without permission under
1
§ 12-41-803;
2
(6) "Male" means the same as defined under § 22-3-2201;
3
(7) "Multi-occupancy" means the same as defined under § 22-3-
4
2201;
5
(8) "Restroom" means the same as defined under § 22-3-2201;
6
(9) "Sex" means the same as defined under § 22-3-2201; and
7
(10) "Sleeping quarter" means the same as defined under § 22-3-
8
2201.
9
(b) A facility shall designate each multi-occupancy restroom, changing
10
room, and sleeping quarter for the exclusive use of females or males.
11
(c)(1) Every restroom, changing room, or sleeping quarter in a
12
facility that is designated for the exclusive use of females or males shall
13
only be used by members of the designated sex.
14
(2) A person shall not enter a restroom or changing room that is
15
designated for the exclusive use of females or males unless he or she is a
16
member of the designated sex.
17
(3) A facility shall not require a person to share a sleeping
18
quarter with a member of the opposite sex.
19
(d) A facility shall take reasonable steps to provide an individual
20
with privacy in a designated restroom, changing room, and sleeping quarter
21
from use by a member of the opposite sex.
22
(e) This section shall not apply to a person who enters a restroom,
23
changing room, or sleeping quarter designated for the opposite sex to:
24
(1) Perform custodial services or maintenance;
25
(2) Render medical assistance;
26
(3) Perform duties arising under the course and scope of
27
employment as a law enforcement officer, employee, or contractor;
28
(4) Seek protection in a designated shelter area during a threat
29
of an emergency or a natural disaster;
30
(5) Provide aid during a threat of a natural disaster or a
31
serious threat to good order or safety; or
32
(6) Address, supervise, or treat athletes that the individual is
33
overseeing as a coach or an athletics personnel member during a reasonable
34
time before an athletic event, during an athletic event, or immediately
35
following an athletic event if:
36
SB486
8
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(A) The coach or the athletics personnel member verifies
1
that no person is in a state of undress at any time while the coach or the
2
athletics personnel member is present; and
3
(B) An adult other than the coach or the athletics
4
personnel member is also present.
5
(f) This section shall not be construed to prohibit a facility from:
6
(1) Adopting policies necessary to accommodate:
7
(A) Persons protected under the Americans with
8
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January
9
1, 2025;
10
(B) Young children in need of assistance; or
11
(C) Elderly persons requiring aid;
12
(2) Establishing a single-occupancy restroom, changing room, or
13
sleeping quarter, or a family restroom, changing room, or sleeping quarter;
14
or
15
(3) Redesignating a multi-occupancy restroom, changing room, or
16
sleeping quarter designated for exclusive use by one (1) sex to a designation
17
for exclusive use by the opposite sex.
18
(g) A person in a restroom or changing room designated for use by his
19
or her sex who encounters a person of the opposite sex has a private cause of
20
action for damages and declaratory and injunctive relief against the facility
21
in which the restroom or changing room is located if the facility:
22
(1) Provided the person of the opposite sex permission to use a
23
restroom or changing room of the opposite sex; or
24
(2) Failed to take reasonable steps to prohibit the person of
25
the opposite sex from using the restroom or changing room of the opposite
26
sex.
27
(h) A person required by the facility to share a sleeping quarter
28
designated for use by his or her sex with a person of the opposite sex has a
29
private cause of action for damages and declaratory and injunctive relief
30
against the facility.
31
(i)(1) A civil action brought pursuant to subsection (g) or subsection
32
(h) of this section shall be commenced within two (2) years of the date of
33
the cause of action.
34
(2) A person who prevails in a civil action brought under
35
subsection (g) or subsection (h) of this section may recover reasonable
36
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attorney fees and costs from the offending facility.
1
2
SECTION 5. Arkansas Code Title 22, Chapter 3, is amended to add an
3
additional subchapter to read as follows:
4
Subchapter 22 — Safety and Privacy in Public Buildings
5
6
22-3-2201. Definitions.
7
As used in this subchapter:
8
(1) "Changing room" means a room or area in which a person may
9
be in a state of undress in the presence of others, including without
10
limitation a locker room or a shower room;
11
(2) "Female" means an individual who naturally has, had, will
12
have, or would have but for a congenital anomaly or intentional or
13
unintentional disruption the reproductive system that at some point produces,
14
transports, and utilizes eggs for fertilization;
15
(3) "Governmental entity" means every department, division,
16
office, board, commission, institution, and political subdivision of this
17
state;
18
(4) "Male" means an individual who naturally has, had, will
19
have, or would have but for a congenital anomaly or intentional or
20
unintentional disruption the reproductive system that at some point produces,
21
transports, and utilizes sperm for fertilization;
22
(5) "Multi-occupancy" means a space designed for use by multiple
23
persons simultaneously;
24
(6) "Public building" means a building or related facility
25
occupied by a governmental entity;
26
(7) "Restroom" means a room that includes one or more toilets or
27
urinals;
28
(8) "Sex" means an individual's biological sex, either male or
29
female; and
30
(9) "Sleeping quarter" means a room with a bed in which more
31
than one (1) individual is housed overnight.
32
33
22-3-2202. Safety and Privacy in Public Buildings — Designation of
34
certain rooms based on sex.
35
(a) A governmental entity occupying a public building shall designate
36
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each multi-occupancy restroom, changing room, and sleeping quarter for the
1
exclusive use of females or males.
2
(b)(1) Every restroom, changing room, or sleeping quarter in a public
3
building that is designated for the exclusive use of females or males shall
4
only be used by a member of the designated sex.
5
(2) A person shall not enter a restroom or changing room that is
6
designated for the exclusive use of females or males unless he or she is a
7
member of the designated sex.
8
(3) A governmental entity occupying a public building shall not
9
require a person to share a sleeping quarter with a member of the opposite
10
sex.
11
(c) A governmental entity occupying a public building shall take
12
reasonable steps to provide an individual with privacy in a designated
13
restroom, changing room, and sleeping quarter from members of the opposite
14
sex.
15
(d) This section shall not apply to a person who enters a restroom,
16
changing room, or sleeping quarter designated for the opposite sex to:
17
(1) Perform custodial services or maintenance;
18
(2) Render medical assistance;
19
(3) Perform duties arising under the course and scope of
20
employment as a law enforcement officer, employee, or contractor;
21
(4) Seek protection in a designated shelter area during a threat
22
of an emergency or a natural disaster;
23
(5) Provide aid during a threat of a natural disaster or a
24
serious threat to good order or safety; or
25
(6) Address, supervise, or treat athletes that the individual is
26
overseeing as a coach or an athletics personnel member during a reasonable
27
time before an athletic event, during an athletic event, or immediately
28
following an athletic event if:
29
(A) The coach or the athletics personnel member verifies
30
that no person is in a state of undress at any time while the coach or the
31
athletics personnel member is present; and
32
(B) An adult other than the coach or the athletics
33
personnel member is also present.
34
(e) This section shall not be construed to prohibit a governmental
35
entity occupying a public building from:
36
SB486
11
03/17/2025 4:22:27 PM LGL049
(1) Adopting policies necessary to accommodate:
1
(A) Persons protected under the Americans with
2
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January
3
1, 2025;
4
(B) Young children in need of assistance; or
5
(C) Elderly persons requiring aid;
6
(2) Establishing a single-occupancy restroom, a changing room,
7
or sleeping quarter, or a family restroom, changing room, or sleeping
8
quarter; or
9
(3) Redesignating a multi-occupancy restroom, changing room, or
10
sleeping quarter designated for exclusive use by one (1) sex to a designation
11
for exclusive use by the opposite sex.
12
13
22-3-2203. Remedies.
14
(a) A person in a restroom or changing room designated for use by his
15
or her sex who encounters a person of the opposite sex has a private cause of
16
action for damages and declaratory and injunctive relief against the
17
governmental entity occupying a public building in which the restroom or
18
changing room is located if the governmental entity:
19
(1) Provided the person of the opposite sex permission to use a
20
restroom or changing room of the opposite sex; or
21
(2) Failed to take reasonable steps to prohibit the person of
22
the opposite sex from using the restroom or changing room of the opposite
23
sex.
24
(b) A person required by the governmental entity occupying a public
25
building to share a sleeping quarter designated for use by his or her sex
26
with a person of the opposite sex has a private cause of action for damages
27
and declaratory and injunctive relief against the governmental entity
28
occupying a public building.
29
(c)(1) A civil action brought pursuant to subsection (a) or subsection
30
(b) of this section shall be commenced within two (2) years of the date of
31
the cause of action.
32
(2) A person who prevails in a civil action brought under
33
subsection (a) or subsection (b) of this section may recover reasonable
34
attorney fees and costs from the offending governmental entity.
35
36
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SECTION 6. DO NOT CODIFY. SEVERABILITY. If any provision of this act
1
or the application of this act to any person or circumstance is held invalid,
2
the invalidity shall not affect other provisions or applications of this act
3
which can be given effect without the invalid provision or application, and
4
to this end, the provisions of this act are declared severable.
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35
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As enrolled or final
28,338 characters
Stricken language would be deleted from and underlined language would be added to present law.
Act 955 of the Regular Session
Act 955 of the Regular Session
*LGL049*
03-31-2025 16:36:03 LGL049
State of Arkansas
As Engrossed: S3/31/25
1
95th General Assembly
A Bill
2
Regular Session, 2025
SENATE BILL 486
3
4
By: Senator B. Johnson
5
By: Representative Bentley
6
7
For An Act To Be Entitled
8
AN ACT CONCERNING SAFETY AND PRIVACY IN CERTAIN
9
ENTITIES; CONCERNING THE DESIGNATION OF MULTI-
10
OCCUPANCY RESTROOMS, CHANGING ROOMS, AND SLEEPING
11
QUARTERS IN CERTAIN ENTITIES BASED ON AN INDIVIDUAL'S
12
SEX; AND FOR OTHER PURPOSES.
13
14
15
Subtitle
16
CONCERNING SAFETY AND PRIVACY IN CERTAIN
17
ENTITIES; AND CONCERNING THE DESIGNATION
18
OF MULTI-OCCUPANCY RESTROOMS, CHANGING
19
ROOMS, AND SLEEPING QUARTERS IN CERTAIN
20
ENTITIES BASED ON AN INDIVIDUAL'S SEX.
21
22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24
SECTION 1. DO NOT CODIFY. Legislative intent.
25
It is the intent of the General Assembly to:
26
(1) Clarify and reconcile the meaning of "sex", "male", and
27
"female" in state law; and
28
(2) Preserve order and dignity in women's restrooms, changing
29
rooms, and sleeping quarters in facilities where women have traditionally
30
been afforded privacy and safety.
31
32
SECTION 2. Arkansas Code Title 9, Chapter 6, is amended to add an
33
additional section to read as follows:
34
9-6-113. Safety and privacy in shelters — Designation of certain rooms
35
based on sex — Definitions.
36
As Engrossed: S3/31/25
SB486
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(a) As used in this section:
1
(1) "Changing room" means the same as defined under § 22-3-2201;
2
(2) "Female" means the same as defined under § 22-3-2201;
3
(3) "Male" means the same as defined under § 22-3-2201;
4
(4) "Multi-occupancy" means the same as defined under § 22-3-
5
2201;
6
(5) "Restroom" means the same as defined under § 22-3-2201;
7
(6) "Sex" means the same as defined under § 22-3-2201; and
8
(7) "Sleeping quarter" means the same as defined under § 22-3-
9
2201.
10
(b) A shelter shall designate each multi-occupancy restroom, changing
11
room, and sleeping quarter for the exclusive use of females or males.
12
(c)(1) Every restroom, changing room, or sleeping quarter in a shelter
13
that is designated for the exclusive use of females or males shall only be
14
used by a member of the designated sex.
15
(2) A person shall not enter a restroom or changing room that is
16
designated for the exclusive use of females or males unless he or she is a
17
member of the designated sex.
18
(3) A shelter shall not require a person to share a sleeping
19
quarter with a member of the opposite sex.
20
(d) A shelter shall take reasonable steps to provide an individual
21
with privacy in a designated restroom, changing room, and sleeping quarter
22
from use by a member of the opposite sex.
23
(e) This section shall not apply to a person who enters a restroom,
24
changing room, or sleeping quarter designated for the opposite sex to:
25
(1) Perform custodial services or maintenance;
26
(2) Render medical assistance;
27
(3) Perform duties arising under the course and scope of
28
employment as a law enforcement officer, employee, or contractor;
29
(4) Seek protection in a designated shelter area during a threat
30
of an emergency or a natural disaster; or
31
(5) Provide aid during a threat of a natural disaster or a
32
serious threat to good order or safety.
33
(f) This section shall not be construed to prohibit a shelter from:
34
(1) Adopting policies necessary to accommodate:
35
(A) Persons protected under the Americans with
36
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Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January
1
1, 2025;
2
(B) Young children in need of assistance; or
3
(C) Elderly persons requiring aid;
4
(2) Establishing a single-occupancy restroom, changing room, or
5
sleeping quarter, or a family restroom, changing room, or sleeping quarter;
6
or
7
(3) Redesignating a multi-occupancy restroom, changing room, or
8
sleeping quarter designated for exclusive use by one (1) sex to a designation
9
for exclusive use by the opposite sex.
10
(g) A person in a restroom or changing room designated for use by his
11
or her sex who encounters a person of the opposite sex has a private cause of
12
action for damages and declaratory and injunctive relief against the shelter
13
in which the restroom or changing room is located if the shelter:
14
(1) Provided the person of the opposite sex permission to use a
15
restroom or changing room of the opposite sex; or
16
(2) Failed to take reasonable steps to prohibit the person of
17
the opposite sex from using the restroom or changing room of the opposite
18
sex.
19
(h) A person required by the shelter to share a sleeping quarter
20
designated for use by his or her sex with a person of the opposite sex has a
21
private cause of action for damages and declaratory and injunctive relief
22
against the shelter.
23
(i)(1) A civil action brought pursuant to subsection (g) or subsection
24
(h) of this section shall be commenced within two (2) years of the date the
25
cause of action arises.
26
(2) A person who prevails in an action brought under subsection (g) or
27
subsection (h) of this section may recover reasonable attorney fees and costs
28
from the offending shelter.
29
30
SECTION 3. Arkansas Code Title 12, Chapter 28, Subchapter 1, is
31
amended to add an additional section to read as follows:
32
12-28-110. Safety and privacy in state correctional facilities —
33
Designation of certain rooms based on sex — Definitions.
34
(a) As used in this section:
35
(1) "Changing room" means the same as defined under § 22-3-2201;
36
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(2)(A) "Correctional facility" means a state correctional
1
facility that has the power to detain or restrain a person under the laws of
2
the state, including without limitation facilities operated by the Division
3
of Correction or the Division of Community Correction.
4
(B) "Correctional facility" does not include a temporary
5
municipal holding facility;
6
(3) "Facility" means a correctional facility or a juvenile
7
detention facility;
8
(4) "Female" means the same as defined under § 22-3-2201;
9
(5) "Juvenile detention facility" means any facility for the
10
temporary care of juveniles alleged to be delinquent or adjudicated
11
delinquent and awaiting disposition who require secure custody in a
12
physically restraining facility designed and operated with all entrances and
13
exits under the exclusive control of the facility's staff so that the
14
juvenile may not leave the facility unsupervised or without permission under
15
§ 12-41-803;
16
(6) "Male" means the same as defined under § 22-3-2201;
17
(7) "Multi-occupancy" means the same as defined under § 22-3-
18
2201;
19
(8) "Restroom" means the same as defined under § 22-3-2201;
20
(9) "Sex" means the same as defined under § 22-3-2201; and
21
(10) "Sleeping quarter" means the same as defined under § 22-3-
22
2201.
23
(b) A facility shall designate each multi-occupancy restroom, changing
24
room, and sleeping quarter for the exclusive use of females or males.
25
(c)(1) Every restroom, changing room, or sleeping quarter in a
26
facility that is designated for the exclusive use of females or males shall
27
only be used by a member of the designated sex.
28
(2) A person shall not enter a restroom or changing room that is
29
designated for the exclusive use of females or males unless he or she is a
30
member of the designated sex.
31
(3) A facility shall not require a person to share a sleeping
32
quarter with a member of the opposite sex.
33
(d) A facility shall take reasonable steps to provide an individual
34
with privacy in a designated restroom, changing room, and sleeping quarter
35
from use by a member of the opposite sex.
36
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(e) This section shall not apply to a person who enters a restroom,
1
changing room, or sleeping quarter designated for the opposite sex to:
2
(1) Perform custodial services or maintenance;
3
(2) Render medical assistance;
4
(3) Perform duties arising under the course and scope of
5
employment as a law enforcement officer, employee, or contractor;
6
(4) Seek protection in a designated shelter area during a threat
7
of an emergency or a natural disaster;
8
(5) Provide aid during a threat of a natural disaster or a
9
serious threat to good order or safety; or
10
(6) Address, supervise, or treat athletes that the individual is
11
overseeing as a coach or an athletics personnel member during a reasonable
12
time before an athletic event, during an athletic event, or immediately
13
following an athletic event if:
14
(A) The coach or the athletics personnel member verifies
15
that no person is in a state of undress at any time while the coach or the
16
athletics personnel member is present; and
17
(B) An adult other than the coach or the athletics
18
personnel member is also present.
19
(f) This section shall not be construed to prohibit a facility from:
20
(1) Adopting policies necessary to accommodate:
21
(A) Persons protected under the Americans with
22
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January
23
1, 2025;
24
(B) Young children in need of assistance; or
25
(C) Elderly persons requiring aid;
26
(2) Establishing a single-occupancy restroom, changing room, or
27
sleeping quarter, or a family restroom, changing room, or sleeping quarter;
28
(3) Redesignating a multi-occupancy restroom, changing room, or
29
sleeping quarter designated for exclusive use by one (1) sex to a designation
30
for exclusive use by the opposite sex; or
31
(4) Assigning a transgender or intersex inmate in a housing or
32
programming assignment on a case-by-case basis to ensure the health and
33
safety of the inmate under 28 C.F.R. § 115.42, as it existed on January 1,
34
2025.
35
(g) A person in a restroom or changing room designated for use by his
36
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or her sex who encounters a person of the opposite sex has a private cause of
1
action for declaratory and injunctive relief against the facility in which
2
the restroom or changing room is located if the facility:
3
(1) Provided the person of the opposite sex permission to use a
4
restroom or changing room of the opposite sex; or
5
(2) Failed to take reasonable steps to prohibit the person of
6
the opposite sex from using the restroom or changing room of the opposite
7
sex.
8
(h) A person required by the facility to share a sleeping quarter
9
designated for use by his or her sex with a person of the opposite sex has a
10
private cause of action for declaratory and injunctive relief against the
11
facility.
12
(i)(1) The Arkansas State Claims Commission shall have jurisdiction
13
under § 19-10-201 et seq. over all claims made under subsection (g) or
14
subsection (h) of this section for damages otherwise barred by the doctrine
15
of sovereign immunity.
16
(2) A claim made under subdivision (i)(1) of this section shall
17
be filed within two (2) years of the date the cause of action arises.
18
(j)(1) A civil action brought under subsection (g) or subsection (h)
19
of this section shall be commenced within two (2) years of the date the cause
20
of action arises.
21
(2)(A) A person who substantially prevails in an action brought
22
under subsection (g) or subsection (h) of this section may file a claim with
23
the commission to recover reasonable attorney's fees and other litigation
24
expenses reasonably incurred under § 19-10-204.
25
(B) A claim for reasonable attorney's fees and other
26
litigation expenses reasonably incurred under subdivision (j)(2)(A) of this
27
section shall be filed with the commission within sixty (60) days of the
28
final disposition of the action.
29
30
SECTION 4. Arkansas Code Title 12, Chapter 41, Subchapter 1, is
31
amended to add an additional section to read as follows:
32
12-41-111. Safety and privacy in local correctional facilities —
33
Designation of certain rooms based on sex — Definitions.
34
(a) As used in this section:
35
(1) "Changing room" means the same as defined under § 22-3-2201;
36
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(2)(A) "Correctional facility" means a local correctional
1
facility that has the power to detain or restrain a person under the laws of
2
the state, including without limitation facilities operated by the Division
3
of Correction or the Division of Community Correction.
4
(B) "Correctional facility" does not include a temporary
5
municipal holding facility;
6
(3) "Facility" means a correctional facility or a juvenile
7
detention facility;
8
(4) "Female" means the same as defined under § 22-3-2201;
9
(5) "Juvenile detention facility" means any facility for the
10
temporary care of juveniles alleged to be delinquent or adjudicated
11
delinquent and awaiting disposition who require secure custody in a
12
physically restraining facility designed and operated with all entrances and
13
exits under the exclusive control of the facility's staff so that the
14
juvenile may not leave the facility unsupervised or without permission under
15
§ 12-41-803;
16
(6) "Male" means the same as defined under § 22-3-2201;
17
(7) "Multi-occupancy" means the same as defined under § 22-3-
18
2201;
19
(8) "Restroom" means the same as defined under § 22-3-2201;
20
(9) "Sex" means the same as defined under § 22-3-2201; and
21
(10) "Sleeping quarter" means the same as defined under § 22-3-
22
2201.
23
(b) A facility shall designate each multi-occupancy restroom, changing
24
room, and sleeping quarter for the exclusive use of females or males.
25
(c)(1) Every restroom, changing room, or sleeping quarter in a
26
facility that is designated for the exclusive use of females or males shall
27
only be used by members of the designated sex.
28
(2) A person shall not enter a restroom or changing room that is
29
designated for the exclusive use of females or males unless he or she is a
30
member of the designated sex.
31
(3) A facility shall not require a person to share a sleeping
32
quarter with a member of the opposite sex.
33
(d) A facility shall take reasonable steps to provide an individual
34
with privacy in a designated restroom, changing room, and sleeping quarter
35
from use by a member of the opposite sex.
36
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(e) This section shall not apply to a person who enters a restroom,
1
changing room, or sleeping quarter designated for the opposite sex to:
2
(1) Perform custodial services or maintenance;
3
(2) Render medical assistance;
4
(3) Perform duties arising under the course and scope of
5
employment as a law enforcement officer, employee, or contractor;
6
(4) Seek protection in a designated shelter area during a threat
7
of an emergency or a natural disaster;
8
(5) Provide aid during a threat of a natural disaster or a
9
serious threat to good order or safety; or
10
(6) Address, supervise, or treat athletes that the individual is
11
overseeing as a coach or an athletics personnel member during a reasonable
12
time before an athletic event, during an athletic event, or immediately
13
following an athletic event if:
14
(A) The coach or the athletics personnel member verifies
15
that no person is in a state of undress at any time while the coach or the
16
athletics personnel member is present; and
17
(B) An adult other than the coach or the athletics
18
personnel member is also present.
19
(f) This section shall not be construed to prohibit a facility from:
20
(1) Adopting policies necessary to accommodate:
21
(A) Persons protected under the Americans with
22
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January
23
1, 2025;
24
(B) Young children in need of assistance; or
25
(C) Elderly persons requiring aid;
26
(2) Establishing a single-occupancy restroom, changing room, or
27
sleeping quarter, or a family restroom, changing room, or sleeping quarter;
28
(3) Redesignating a multi-occupancy restroom, changing room, or
29
sleeping quarter designated for exclusive use by one (1) sex to a designation
30
for exclusive use by the opposite sex; or
31
(4) Assigning a transgender or intersex inmate in a housing or
32
programming assignment on a case-by-case basis to ensure the health and
33
safety of the inmate under 28 C.F.R. § 115.42, as it existed on January 1,
34
2025.
35
(g) A person in a restroom or changing room designated for use by his
36
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or her sex who encounters a person of the opposite sex has a private cause of
1
action for damages and declaratory and injunctive relief against the facility
2
in which the restroom or changing room is located if the facility:
3
(1) Provided the person of the opposite sex permission to use a
4
restroom or changing room of the opposite sex; or
5
(2) Failed to take reasonable steps to prohibit the person of
6
the opposite sex from using the restroom or changing room of the opposite
7
sex.
8
(h) A person required by the facility to share a sleeping quarter
9
designated for use by his or her sex with a person of the opposite sex has a
10
private cause of action for damages and declaratory and injunctive relief
11
against the facility.
12
(i)(1) A civil action brought pursuant to subsection (g) or subsection
13
(h) of this section shall be commenced within two (2) years of the date the
14
cause of action arises.
15
(2) A person who prevails in a civil action brought under
16
subsection (g) or subsection (h) of this section may recover reasonable
17
attorney fees and costs from the offending facility.
18
19
SECTION 5. Arkansas Code Title 22, Chapter 3, is amended to add an
20
additional subchapter to read as follows:
21
Subchapter 22 — Safety and Privacy in Public Buildings
22
23
22-3-2201. Definitions.
24
As used in this subchapter:
25
(1) "Changing room" means a room or area in which a person may
26
be in a state of undress in the presence of others, including without
27
limitation a locker room or a shower room;
28
(2) "Female" means an individual who naturally has, had, will
29
have, or would have but for a congenital anomaly or intentional or
30
unintentional disruption the reproductive system that at some point produces,
31
transports, and utilizes eggs for fertilization;
32
(3) "Governmental entity" means every department, division,
33
office, board, commission, institution, and political subdivision of this
34
state;
35
(4) "Male" means an individual who naturally has, had, will
36
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have, or would have but for a congenital anomaly or intentional or
1
unintentional disruption the reproductive system that at some point produces,
2
transports, and utilizes sperm for fertilization;
3
(5) "Multi-occupancy" means a space designed for use by multiple
4
persons simultaneously;
5
(6) "Public building" means a building or related facility
6
occupied by a governmental entity;
7
(7) "Restroom" means a room that includes one or more toilets or
8
urinals;
9
(8) "Sex" means an individual's biological sex, either male or
10
female; and
11
(9) "Sleeping quarter" means a room with a bed in which more
12
than one (1) individual is housed overnight.
13
14
22-3-2202. Safety and Privacy in Public Buildings — Designation of
15
certain rooms based on sex.
16
(a) A governmental entity occupying a public building shall designate
17
each multi-occupancy restroom, changing room, and sleeping quarter for the
18
exclusive use of females or males.
19
(b)(1) Every restroom, changing room, or sleeping quarter in a public
20
building that is designated for the exclusive use of females or males shall
21
only be used by a member of the designated sex.
22
(2) A person shall not enter a restroom or changing room that is
23
designated for the exclusive use of females or males unless he or she is a
24
member of the designated sex.
25
(3) A governmental entity occupying a public building shall not
26
require a person to share a sleeping quarter with a member of the opposite
27
sex.
28
(c) A governmental entity occupying a public building shall take
29
reasonable steps to provide an individual with privacy in a designated
30
restroom, changing room, and sleeping quarter from members of the opposite
31
sex.
32
(d) This section shall not apply to a person who enters a restroom,
33
changing room, or sleeping quarter designated for the opposite sex to:
34
(1) Perform custodial services or maintenance;
35
(2) Render medical assistance;
36
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(3) Perform duties arising under the course and scope of
1
employment as a law enforcement officer, employee, or contractor;
2
(4) Seek protection in a designated shelter area during a threat
3
of an emergency or a natural disaster;
4
(5) Provide aid during a threat of a natural disaster or a
5
serious threat to good order or safety; or
6
(6) Address, supervise, or treat athletes that the individual is
7
overseeing as a coach or an athletics personnel member during a reasonable
8
time before an athletic event, during an athletic event, or immediately
9
following an athletic event if:
10
(A) The coach or the athletics personnel member verifies
11
that no person is in a state of undress at any time while the coach or the
12
athletics personnel member is present; and
13
(B) An adult other than the coach or the athletics
14
personnel member is also present.
15
(e) This section shall not be construed to prohibit a governmental
16
entity occupying a public building from:
17
(1) Adopting policies necessary to accommodate:
18
(A) Persons protected under the Americans with
19
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January
20
1, 2025;
21
(B) Young children in need of assistance; or
22
(C) Elderly persons requiring aid;
23
(2) Establishing a single-occupancy restroom, a changing room,
24
or sleeping quarter, or a family restroom, changing room, or sleeping
25
quarter; or
26
(3) Redesignating a multi-occupancy restroom, changing room, or
27
sleeping quarter designated for exclusive use by one (1) sex to a designation
28
for exclusive use by the opposite sex.
29
30
22-3-2203. Remedies.
31
(a) A person in a restroom or changing room designated for use by his
32
or her sex who encounters a person of the opposite sex has a private cause of
33
action for damages, if the governmental entity is a political subdivision of
34
the state and declaratory and injunctive relief against the governmental
35
entity occupying a public building in which the restroom or changing room is
36
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located if the governmental entity:
1
(1) Provided the person of the opposite sex permission to use a
2
restroom or changing room of the opposite sex; or
3
(2) Failed to take reasonable steps to prohibit the person of
4
the opposite sex from using the restroom or changing room of the opposite
5
sex.
6
(b) A person required by the governmental entity occupying a public
7
building to share a sleeping quarter designated for use by his or her sex
8
with a person of the opposite sex has a private cause of action for damages,
9
if the governmental entity is a political subdivision of the state and
10
declaratory and injunctive relief against the governmental entity occupying a
11
public building.
12
(c)(1) The Arkansas State Claims Commission shall have jurisdiction
13
under § 19-10-201 et seq. over all claims made under subsection (a) or
14
subsection (b) of this section for damages otherwise barred by the doctrine
15
of sovereign immunity.
16
(2) A claim made under subdivision (c)(1) of this section shall
17
be filed within two (2) years of the date the cause of action arises.
18
(d)(1) A civil action brought under subsection (a) or subsection (b)
19
of this section shall be commenced within two (2) years of the date the cause
20
of action arises.
21
(2)(A) A person who substantially prevails in an action brought
22
under subsection (a) or subsection (b) of this section may file a claim with
23
the commission to recover reasonable attorney's fees and other litigation
24
expenses reasonably incurred under § 19-10-204.
25
(B) A claim for reasonable attorney's fees and other
26
litigation expenses reasonably incurred under subdivision (d)(2)(A) of this
27
section shall be filed with the commission within sixty (60) days of the
28
final disposition of the action.
29
30
SECTION 6. DO NOT CODIFY. SEVERABILITY. If any provision of this act
31
or the application of this act to any person or circumstance is held invalid,
32
the invalidity shall not affect other provisions or applications of this act
33
which can be given effect without the invalid provision or application, and
34
to this end, the provisions of this act are declared severable.
35
36
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/s/B. Johnson
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APPROVED: 4/21/25
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